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Patient Theft Allegations in Dr. Frank Ryan's Death

9/30/2010 8:00 AM PDT BY TMZ STAFF

A Beverly Hills plastic surgeon is trying to "steal" the patients of Dr. Frank Ryan -- the celeb doc who died in a car accident last month -- this according to several of Dr. Ryan's former patients.

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One month after Dr. Ryan died on Pacific Coast Highway, many of his patients received emails from the office of Dr. Gary Motykie (pictured above right) -- explaining that several of Ryan's staffers have moved to his "team." The email also includes an invitation to an open house at his office.

But several of Dr. Ryan's patients are pissed that Motykie was privy to their contact information -- and fired back emails saying things like:

-- "I have NEVER met you, nor have I ever authorized you to use my contact information for YOU or anyone else other than Dr Ryan! This is a total breach of confidentiality"

-- "This soliciting for business is completely unethical"

-- "Dr Ryan would be FURIOUS! Shame on you for trying to steal Dr Ryan’s patients"

While it might be tacky, officials at the U.S. Department of Health and Human Services tell TMZ that it's not a violation of privacy laws to share contact information "as long as it's for treatment purposes or a doctor referral" -- and officials tell us this situation seems to fall under those parameters.

A rep for Dr. Motykie tells TMZ, "The assertion that Dr. Motykie has illegally solicited Dr. Ryan's former patients is untrue."


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61 COMMENTS

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16.

Barbie    

10.
This is a clear case of HIPPA violation Which is a Federal Law. Who ever disclosed the patients confidential information, doctor or nurse, can lose their licenses or be suspended, or fined by the California Medical Board or State Board of Nursing. You need ti file a formal complaint against their licenses with these agencies.

Remember what individuals did at UCLA did with celebrity information? There's no differece. I would send a letter to this doctor's office advising him he has violated your rights to confidentiality. Next take his email and yourself to a hot shot attorney, and wait for a fat check to be mailed to you.

You have an absolute right to medical confidentialty and yours has been grossly violated.

It's deplorable that this doctor has choosen to take advantage of a tragic situation.

Posted at 2:39 AM on Sep 30, 2010 by Laura
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Laura you need to get right on that......you file the complaint with the nursing board or the medical board or the DEA or the CDC or whoever else is involved in this conspiracy.. I'm sure you need that big fat check !!!

1380 days ago
17.

Areader    

Actor Tony Curtis passes away and this TMZ is your lead...Shame on you!

1380 days ago
18.

ManiacalZebra    

"Stole" his patients? Is he going to operate on them from the grave?

"This soliciting for business is completely unethical"

I think "soliciting for business" is called "advertising."

1380 days ago
19.

Sheryl    

Would you check out that angelic look on his face? While he didn't do anything illegal, he really had no business contacting patients. Patients should have time to digest the loss of their doctor and when they are ready, they'll look for someone new on their own. He would have been much better off sending out fliers rather than e-mails.

1380 days ago
20.

Gretel    

Okay people, one more time, it is H-I-P-A-A. Not like HIPPA. That just goes to show you have no idea what you're talking about. It stands for Health Insurance Portability and Accountabiliy Act. Note the two A's at the end??

It is a law that offers protection from medical records and health information. Your name is up for grabs.

1380 days ago
21.

Janeny    

I can't see how transferring the contact info from a dead doc office to a new one could be unethical here. It's good for the patients and it's a routine business practice. These patients could have written the doc back saying no thank you or yes thank you letter and that would be it.

1380 days ago
22.

curious    

This doctor is a lot better looking than Dr. Ryan. I would have chosen him over Dr. Ryan any day. Some of the worst plastic surgery we have seen done was accredited to Dr. Ryan.

1380 days ago
23.

Rhoda Penmark    

So there's a new purveyor of plastic tits in town... good to know. This story just gets classier and classier.

1380 days ago
24.

tori    

This is a stupid story and a waste of time. Obviously the deceased doctors office would of given the other doctor the patients info. so that if any of them needed medical help he could provide it. Get over yourselves people, anyone going nuts over this is ridiculous and needs to have their heads examined as well!!

1380 days ago
25.

Bill F. Murray    

He should call Heidi Montag, he'll have work for life.

1380 days ago
26.

Joseph    

folks these are not cancer patients or heart patients who are in deserate need of a doctor to save their lives. We are talking about elective surgery patients who likely provided their private and thought to be, secure information to this doctor and this doctor only. Cosmetic Surgery is a highly competitive but cut-throat business and doctors are scratching and clawing for every bit of business they can get right now. It would be in the patients best interest to let them decide who they want to go to for future elective procedures. They can easily actively go out and search for a new doctor, not have one "assigned" to them for "their own good". These are elective procedures, not life and death medical treatments.

1380 days ago
27.

LollieBluCaliToo    

Hmmmm...I never trust people with eyebrows like the young dr trying to steal dr ryan's patients. They are up to no good. Just life experience telling me that.

1380 days ago
28.

Lani    

Laura, I would like to agree with you on HIPAA, but I can't. HIPAA does not protect your name--as #22 said. If you cite this doctor for sending you emails, then you would have to cite everyone else sending you advertisements in the mail, solicitors calling you on the phone, etc. I know it's frustrating and grates on your nerves, but your name is out there and "they" will use it. Ignore it...throw it away...delete it. That's how you deal with it.

1380 days ago
29.

Bertha    

Where is Dr Rey?

1380 days ago
30.

Quincing Snuff    

Thank GOD he did this. Maybe he can fix all the "Monsters" that the delusional Dr Ryan created. Dr Ryan was the "Dr Frankenstein of plastic surgery" and needed to be stopped. He was responsible for Freaks like Gary Busey, Lisa Rinna, Heidi Montag, Shauna Sand, Gene Simmons, Cher, etc etc. He was a delusional queen who disfigured people with his warped perspective on beauty.

1380 days ago
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